Vic judge delays trial over legal aid

A serious criminal trial has been postponed and dozens more may be affected because of funding shortfalls that have left Victoria Legal Aid unable to provide a full-time solicitor during trials.

Victorian Supreme Court Justice Lex Lasry says an accused man was placed at risk of wrongful conviction because Victoria Legal Aid (VLA) did not provide him with an instructing solicitor for his trial.

Postponing the case on Friday, Justice Lasry said a new VLA policy, which is to only provide an instructing solicitor for two half days of a trial, "demonstrates a lack of understanding of the solicitor's role".

It is expected the decision will lead to many applications to stay trials on similar grounds.

On Monday a judge in a Supreme Court murder trial will decide if the case should be stayed or if VLA should be forced to pay for a solicitor.

Law Institute of Victoria president Reynah Tang said the argument would likely be run in many other cases, including in Victoria's busiest trial court - the County Court.

"We believe this is just the first of many cases in which this argument will run," Mr Tang told AAP.

"My understanding is that there hasn't been a case in the County Court as yet, but it is only a matter of time."

He called on the state and federal governments to better fund legal aid.

Outside court VLA spokeswoman Nicole Rich said there were "concerns" with funding and said the Commonwealth government's share of Victorian legal aid funding has dropped from a half to a third in the past 15 years.

She denied long-running cases such as that of drug lord Tony Mokbel were responsible for the funding shortfall.

"In the case of Mr Mokbel his assets were confiscated so he was eligible for legal aid funding under our guidelines that we apply to everybody in the same manner and that's why Mr Mokbel was funded," she said.

"But no funding one case out of many, many thousands every year is not the reason for this current situation."

Ms Rich said VLA had no plans to change its policy of only allowing a solicitor for two half days during a trial.

She said in other Australian states, including South Australia, Western Australia and Tasmania, barristers ran trials on their own.

In a statement the federal Attorney-General's Department said the government was "committed to adequately resourcing legal assistance" and VLA would receive $182.4 million over the four years to 2015-16.

In Victoria the Commonwealth's contribution for all legal assistance is 44 per cent, with 32 per cent going directly to VLA, the statement said.

A spokesman for Victorian Attorney-General Robert Clark said it was providing record levels of taxpayer funding to VLA.

He said it supported the measures by VLA to spend the money wisely.

In his decision Justice Lasry, a 34-year legal veteran and one of Australia's most respected legal figures, said without an instructing solicitor there was a risk that errors would be made and that the accused may be improperly convicted.

He described the Legal Aid funding guidelines as "random".

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